South Carolina General Assembly
118th Session, 2009-2010
H. 3199
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison, Allison, G.M.Smith, Weeks, Hutto, A.D.Young and Anderson
Document Path: l:\council\bills\nbd\11022ac09.docx
Introduced in the House on January 13, 2009
Introduced in the Senate on May 20, 2009
Last Amended on May 19, 2009
Currently residing in the Senate Committee on Medical Affairs
Summary: Behavioral Health Services Act
HISTORY OF LEGISLATIVE ACTIONS
DateBodyAction Description with journal page number
12/16/2008HousePrefiled
12/16/2008HouseReferred to Committee on Judiciary
1/13/2009HouseIntroduced and read first time HJ87
1/13/2009HouseReferred to Committee on JudiciaryHJ88
4/22/2009HouseCommittee report: Favorable with amendment JudiciaryHJ11
4/23/2009HouseMember(s) request name added as sponsor: Weeks
4/28/2009HouseDebate adjourned until Wednesday, April 29, 2009 HJ32
4/29/2009HouseMember(s) request name added as sponsor: Hutto
4/29/2009HouseRequests for debateRep(s).Simrill, Gullick, Kirsh, Hosey, Harvin, Weeks, Hart, Harrison, JE Smith, JH Neal, McLeod, Lowe, Crawford, Jefferson, Mack, and Brantley HJ191
5/12/2009HouseMember(s) request name added as sponsor: A.D.Young
5/13/2009HouseDebate adjourned until Thursday, May 14, 2009 HJ55
5/14/2009HouseMember(s) request name added as sponsor: Anderson
5/14/2009HouseDebate adjourned until Tuesday, May 19, 2009 HJ70
5/19/2009HouseRequests for debate removedRep(s).Simrill, JE Smith, Mack, Brantley, JH Neal, McLeod, Hosey, Weeks, and Jefferson HJ63
5/19/2009HouseAmended HJ67
5/19/2009HouseRead second time HJ67
5/19/2009HouseRoll call Yeas108 Nays0 HJ103
5/20/2009HouseRead third time and sent to Senate HJ55
5/20/2009SenateIntroduced and read first time SJ7
5/20/2009SenateReferred to Committee on Medical AffairsSJ7
VERSIONS OF THIS BILL
12/16/2008
4/22/2009
5/19/2009
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 19, 2009
H.3199
Introduced by Reps. Harrison, Allison, G.M.Smith, Weeks, Hutto, A.D.Young and Anderson
S. Printed 5/19/09--H.
Read the first time January 13, 2009.
[3199-1]
A BILL
TO AMEND SECTION 13010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, TO ENACT THE BEHAVIORAL HEALTH SERVICES ACT OF 2009, SO AS TO ADD THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES AND TO DELETE THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DEPARTMENT OF MENTAL HEALTH; TO AMEND SECTION 13020, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO PROVIDE THAT THE POWER AND DUTIES OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 13070, RELATING TO AGENCIES PREVIOUSLY TRANSFERRED TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE POWERS AND DUTIES OF THE DEPARTMENT OF MENTAL HEALTH ARE TRANSFERRED TO AND DEVOLVED UPON THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, DIVISION OF MENTAL HEALTH; BY ADDING SECTION 13072 SO AS TO PLACE THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES UNDER THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES; BY ADDING CHAPTER 8 TO TITLE 44 SO AS TO CREATE THE DEPARTMENT OF BEHAVIORAL HEALTH SERVICES COMPRISED OF THE DIVISION OF ALCOHOL AND OTHER DRUG ABUSE SERVICES AND THE DIVISION OF MENTAL HEALTH AND TO PROVIDE FOR THE DEPARTMENT’S POWERS AND DUTIES, INCLUDING DEVELOPING AND IMPLEMENTING A STATE PLAN FOR THE COORDINATED CARE AND UNIFIED DELIVERY OF BEHAVIORAL HEALTH SERVICES AND OVERSEEING THE ADMINISTRATION AND DELIVERY OF BEHAVIORAL HEALTH SERVICES; TO AMEND CHAPTERS 9, 11, 13, and 15 OF TITLE 44, RELATING, AMONG OTHER THINGS, TO THE ORGANIZATION AND OPERATION OF THE DEPARTMENT OF MENTAL HEALTH AND ITS FACILITIES, THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, AND LOCAL MENTAL HEALTH PROGRAMS AND BOARDS, SO AS TO CONFORM THESE CHAPTERS TO THE PROVISIONS OF THIS ACT AND TO PROVIDE THAT THE MENTAL HEALTH COMMISSION IS AN ADVISORY BOARD TO THE DIVISION OF MENTAL HEALTH; TO AMEND CHAPTER 49, TITLE 44, RELATING TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, SO AS TO CONFORM THIS CHAPTER TO THE PROVISIONS OF THIS ACT AND TO CREATE AN ADVISORY BOARD TO THE DIVISION; AND TO AMEND SECTIONS 445210, 4452165, 4452200, AND 4452210, RELATING, AMONG OTHER THINGS, TO ALCOHOL AND DRUG ABUSE COMMITMENTS AND PROGRAMS FOR CHEMICALLY DEPENDENT PERSONS, SO AS TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION1.This act may be cited as the “Behavioral Health Services Act”.
SECTION2.Section 13010(A) of the 1976 Code is amended to read:
“(A) There are hereby created, within the executive branch of the state government, the following departments:
1.Department of Agriculture
2.Department of Alcohol and Other Drug AbuseBehavioral Health Services
3.Department of Commerce
4.Department of Corrections
5.Department of Disabilities and Special Needs
6.Department of Education
7.Department of Health and Environmental Control
8.Department of Health and Human Services
9.Department of Insurance
10.Department of Juvenile Justice
11.Department of Labor, Licensing, and Regulation
12.Department of Mental HealthReserved
13.Department of Natural Resources
14.Department of Parks, Recreation and Tourism
15.Department of Probation, Parole, and Pardon Services
16.Department of Public Safety
17.Department of Revenue
18.Department of Social Services
19.Department of Transportation.”
SECTION3.Section 13020 of the 1976 Code is amended to read:
“Section 13020.(A)Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Alcohol and Other Drug Abuse Services:
(A)(1)South Carolina Commission on Alcohol and Drug Abuse, formerly provided for at Section 444910, et seq.;
(B)(2)Drug free Schools and Communities Program in the Governor’s Office, provided for under grant programs.
(B)Effective on January 1, 2011, the Department of Alcohol and Other Drug Abuse Services, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services, and all powers, duties, obligations, and responsibilities of the Department of Alcohol and Other Drug Abuse Services are devolved upon the Department of Behavioral Health Services, Division of Alcohol and Other Drug Abuse Services.”
SECTION4.Section 13070 of the 1976 Code is amended to read:
“Section 13070.(A)Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Department of Mental Health to include a Children’s Services Division and shall include:
Department of Mental Health, provided for at Section 44910, et seq.
(B)Effective on January 1, 2011, the Department of Mental Health, as contained in subsection (A), including all allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with the department and these entities, except for those subdivisions specifically included or transferred to another department, is transferred to and incorporated in and shall be administered as part of the Department of Behavioral Health Services, Division of Mental Health, and all powers, duties, obligations, and responsibilities of the Department of Mental Health are devolved upon the Department of Behavioral Health Services, Division of Mental Health.”
SECTION5.Chapter 30, Title 1 of the 1976 Code is amended by adding:
“Section 13072. Effective on January 1, 2011, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are transferred to and incorporated in and must be administered as part of the Department of Behavioral Health Services:
(1)Department of Alcohol and Other Drug Abuse Services, formerly provided for at Section 44-49-10, et seq.
(2)Department of Mental Health, formerly provided for at Section 44-9-10, et seq.; and
(3)Continuum of Care for Emotionally Disturbed Children, formerly provided for at Section 20-7-5610, et seq.”
SECTION6.Section 130110 of the 1976 Code is amended to read:
“Section 130110.Effective July 1, 1993January 1, 2011, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the Office of the Governor:
(1)Continuum of Care for Emotionally Disturbed Children provided for at Section 2075610, et seq.;Reserved
(2)Guardian Ad Litem Program, formerly provided for at Section 207121, et seq.;
(3)State Office of Victim’s Assistance, formerly provided for at Section 1631110, et seq.;
(4)Department of Veterans Affairs, formerly provided for at Section 251110, et seq.;
(5)Commission on Women, formerly provided for at Section 11510, et seq.;
(6)Commission on Aging, formerly provided for at Section 432110, et seq.;
(7)Foster Care Review Board, formerly provided for at Section 2072376, et seq.;”
SECTION7.Title 44 of the 1976 Code is amended by adding:
“CHAPTER 8
Department of Behavioral Health Services
Section 44810.(A) There is created the Department of Behavioral Health Services comprised of the Division of Mental Health, the Division of Alcohol and Other Drug Abuse Services, and the Division of Continuum of Care for Emotionally Disturbed Children.
(B)The department shall:
(1)develop the State Plan for Behavioral Health Services which must provide for a unified system for the delivery of coordinated, client centered behavioral health services;
(2)oversee the administration and delivery of behavioral health services.
Section 44820.The Governor shall appoint and remove the Director of the Department of Behavioral Health Services, who is the chief executive of the Department of Behavioral Health Services. Subject to the supervision and control of the Governor, the director shall administer the policies and regulations established by the department. The director must be a person of proven executive and administrative ability with appropriate education and substantial experience.
Section 44830.(A)(1)There is established the Department of Behavioral Health Services Advisory Committee to study the organizational structure of the department to evaluate the effectiveness, efficiency, and accountability of the department and to make recommendations for organizational and service delivery changes.
(2)The advisory committee must be composed of:
(a)the director, or a designee, of the Department of Behavioral Health Services, who shall serve as the chairperson of the advisory committee;
(b)two representatives of the Division of Mental Health appointed by the director of the division, one of whom may be the director of the division;
(c)two representatives of the Division of Alcohol and Other Drug Abuse Services appointed by the director of the division, one of whom may be the director of the division;
(d)two representatives of the Division of Continuum of Care for Emotionally Disturbed Children;
(e)two professionals with expertise in the field of mental health services appointed by the Governor;
(f)two professionals with expertise in the field of alcohol and other drug abuse services appointed by the Governor;
(g)two professional with expertise in the field of children’s mental health services appointed by the Governor;
(h)two recipients of services of the Division of Mental Health, or a family member of a recipient of these services, appointed by the Governor;
(i)two recipients of services of the Division of Alcohol and Other Drug Abuse Services, or a family member of a recipient of these services, appointed by the Governor;
(j)two recipients of services of the Division of Continuum of Care for Emotionally Disturbed Children.
In appointing members to the advisory committee, the appointing authority shall select members who are representative of the ethnic, gender, rural, and urban diversity of the State.
(3)Members shall serve terms of five years and until their successors are appointed and qualify. However, of the initial appointees, four must be appointed for five years, four must be appointed for four years, four must be appointed for three years, and two must be appointed for two years. Members other than initial appointees may not be reappointed unless they are filling a vacancy for an unexpired portion of a term. The Governor may remove a member pursuant to the provisions of Section 13240. A vacancy must be filled by the Governor for the unexpired portion of the term. Members representing divisions shall serve ex officio at the pleasure of the division director.
(B)The director has the authority to create and appoint other standing or ad hoc advisory committees in his discretion to assist the department in particular areas of public concern or professional expertise as the director considers appropriate. These committees, including the advisory committee created pursuant to subsection (A), shall serve at the pleasure of the director, and committee members may not receive salary or per diem but are entitled to reimbursement for actual and necessary expenses incurred pursuant to the discharge of official duties, not to exceed the per diem, mileage, and subsistence amounts allowed by law for members of boards, commissions, and committees.
Section 44835.The Department of Behavioral Health Services shall provide a central care management system for behavioral health services.
Section 44840.(A)The department shall promulgate regulations, which must include, but are not limited to, criteria and definitions for eligibility determination, standards for the delivery of services, content and development and revision of individual client plans, including participation by the client and family in the development and revision of the plan, fee structures for services rendered and charges that may be incurred, client safety and protection, security procedures, and procedures to appeal agency decisions. These regulations must require statewide consistency and uniformity of rights and services for all client populations served by the department. The regulations must require the department to provide each client an individualized service delivery plan addressing the particular needs of each client. To ensure uniformity statewide and across client populations, regulations promulgated by the department pursuant to this section apply to local entities that are operated by or contract with the department or its divisions, services, or programs or local boards created pursuant to state law to provide services to department clients.
Section 44850.The department may accept gifts, bequests, devises, grants, donations of money or real and personal property of whatever kind for its use in furthering the purposes of the department. However, no such gift or grant may be accepted upon the condition that it shall diminish an obligation due the department. The department may refuse to accept any such gift or grant and the acceptance of any such gift or grant shall not incur any obligation on the part of the State. Any gift or grant given to a specific facility, program, or service must be used for that facility, program, or service only, or to its successor. The department may promulgate rules governing the disposition of such gifts and grants.
Section 44860.(A)The department may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on behavioral health services and the needs, problems, and services for clients of the department.
(B)The department may enter into contracts for educational and research activities without performance bonds.
Section 44870.The department may acquire motor vehicle liability insurance for employees operating vehicles or private vehicles in connection with their official departmental duties to protect against liability.
Section 44880.The department may sell timber from its forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the State Budget and Control Board shall consult with the State Forester to determine the economic feasibility of the sale, and a sale must not be made without the approval of the board.
Section 44890.The director of the department shall submit an annual report to the Governor and members of the General Assembly setting forth its activities, the financial affairs, and the state and condition of the state mental health facilities and alcohol and drug abuse facilities and other information as the Governor and members of the General Assembly may request to be kept apprised of the operations of the department. The report shall include recommendations that, in the opinion of the director of the department, will improve the mental health programs and alcohol and other drug abuse programs of the State.
Section 448100.All departments, officers, agencies, and employees of the State shall cooperate with the Department of Behavioral Health Services in carrying out the department’s functions, duties, and responsibilities. The Attorney General shall furnish such legal services as are necessary to the department.”
SECTION8.Chapter 9, Title 44 of the 1976 Code is amended to read:
“CHAPTER 9
State Department ofDivision of Mental Health, Department of Behavioral Health Services
Section 44910.There is hereby created the State DepartmentDivision of Mental Health within the Department of Behavioral Health Services which shall havehas jurisdiction over all of the state’s mental hospitals, clinics and centers, joint state and community sponsored mental health clinics and centers, and facilities for the treatment and care of alcohol and drug addicts, including the authority to name each facility.
Section 44920.All the powers and duties vested in the South Carolina Mental Health Commission immediately prior tobefore March 26, 1964, are hereby transferred to and vested in the Division of Mental Health, Department of Mental HealthBehavioral Health Services. All records, files, and other papers belonging to the South Carolina Mental Health Commission shallmust be continued as part of the records and files of the Division of Mental Health, Department of Mental HealthBehavioral Health Services.
Section 44930.(A)(1)There is created the governing board for the State department of Mental Health known as the South Carolina Mental Health Commission. The commission consists of seven members appointed by the Governor, upon the advice and consent of the Senate, as follows: